Summary: Overview of news about software patents and slightly beyond that
THE ISSUE of software patents is having an impact on GNU/Linux more than ever before. Apple, Microsoft, and a few other companies use software patents against the freedom of software. This post is a collection of items that hopefully inform and explain where we stand.
Acacia
There is only one patent troll that directly challenged GNU/Linux by filing a lawsuit against a GNU/Linux vendor, based on a software patent claim. Acacia sued Red Hat and Novell shortly after it had hired from Microsoft and Law.com has an update on the case.
Already this month, Rader has dismissed one patent case against Google and Yahoo on summary judgment and trimmed back damages theories in a lawsuit against Red Hat and Novell. These are somewhat unusual rulings for the Eastern District of Texas, which historically has not killed as many patent cases on summary judgment as other venues.
[...]
• In IP Innovation v. Red Hat, another case also involving plaintiff IP Innovation, this time against Red Hat and Novell, Rader made a statement on the hot button issue of damages in patent cases. The judge questioned the plaintiff expert’s use of the “entire market value” rule, which calculates damages based on a percentage of total sales even if only a small feature of a product like a computer is infringing.
“Mr. Gemini’s current expert report improperly inflates both the royalty base and the royalty rate by relying on irrelevant or unreliable evidence and by failing to account for the economic realities of this claimed component as part of a larger system,” Rader wrote (.pdf).
Red Hat and Novell are being represented by Gibson, Dunn & Crutcher lawyers from San Francisco.
It is hard to tell if Microsoft was in touch with Acacia executives just before the lawsuit (there was a staff migration from Microsoft to Acacia), but as we showed many times before, the timing was interesting. The Acacia lawsuit was filed shortly after Ballmer had issued a patent threat to Red Hat.
For those who do not remember how Tuxera is connected to Microsoft, here is a Wiki page serving as reference. There is noteworthy news about Tuxera becoming an SD Association member. They hopefully won’t standardise only on Microsoft file systems that require money to be paid to Microsoft (for software patents).
Monsanto
One company that might be more malicious than Microsoft would have to be Monsanto. There are others too, but the nature of their malice is different (wars, poisoning, et cetera).
Monsanto officials are already inside the government (we have dozens of posts about Monsanto’s inter-personal relationships) and this new report from The New York Times indicates that the company’s patent franchise is still under scrutiny.
The price increases have not only irritated many farmers, they have caught the attention of the Obama administration. The Justice Department began an antitrust investigation of the seed industry last year, with an apparent focus on Monsanto, which controls much of the market for the expensive bioengineered traits that make crops resistant to insect pests and herbicides.
But the ones he chooses in contrast are pretty significant:
And the past:
Extractive. Over two decades, Microsoft has honed its extractive edge, coming up with cleverer and cleverer ways to extract profits from customers and suppliers. But Microsoft’s just a flea on Wall St’s elephant — who mastered extractive advantage by finding ways to, ultimately, extract trillions from you, me, and our grandkids. Extractive advantage asks: how can we transfer value from stakeholders to us, 10x or 100x better than our rivals?
Protective. Think Microsoft’s the master of 20th century advantage? Think again. Monsanto’s Round-up Ready strategy protects genetically modified crops with proprietary herbicide that crops need to flourish. The result? A protective advantage: Monsanto’s made sure that farmers are locked in to Monsanto as tightly as possible. Protective advantage asks: are buyers and suppliers locked in to dealing with us, 10x or 100x more tightly than to rivals?
Hmm, Microsoft and Monsanto, what a combination – and interestingly, it’s the latter that is singled out as clearly the worse of the two (which is why I am writing increasingly about the company and its activities.)
Monsanto is directly connected to Bill Gates [1, 2, 3, 4, 5, 6, 7, 8].
Apple and Microsoft
Moody also writes about Apple and Microsoft; specifically, he is referring to the secrets Sun’s former CEO is telling about this pair (already covered in [1, 2, 3, 4]).
What Schwartz’s wonderful anecdotes remind us is that every piece of software borrows from its predecessors, just as every artist learns from the artists that created before him or her. And that’s to be expected, because software is a combination of art and science, and both gain much of their power by building on what went before, and then sharing that for others to build on in their turn, for the wider benefit of everyone.
The insane fad for trying to stop that sharing, and to turn those ideas into some mythical “intellectual property” is now reaching its inevitable conclusion, as patent thickets everywhere mean companies spend more and more time and money defending themselves against patent lawsuits, and less time getting on with their main business. There is only one solution: get rid of patents completely, and let the companies that innovate obtain their rewards from *using* that innovation to become leaders, not from trying to stop others from following belatedly in their footsteps.
In the context of free software patents are problematic. In the ideal world patents on software wouldn’t exist and there wouldn’t be a problem. However, they do exist. Moreover, part of the reason they exist is because of a variation of mutually assured destruction – many businesses believe they need to acquire patents in order to defend against other patents.* Jonathan Schwartz sets out some of the sad, tawdry circumstances in which this logic plays out here.
I think it is a non trivial problem to find wording which preserves just the defensive potential of patents (which, is actually their offensive potential limited to specific circumstances of exercise) while preserving freedom when licensing software. Some of the more detailed free software licences attempt this. It is, I think, a more difficult problem to craft such wording to apply to standards – because standards purport to be agreed by some collection of people, while freedom requires that everyone be permitted to pursue their own goals. Thus, any ‘promise’ or ‘covenant’** which is limited to an agreed specification must necessarily be inconsistent with freedom in a way qualitatively different to a patent clause in an open source licence. Moreover, any wording which applies to a particular version of a specification will be inconsistent with the evolution of that specification. In short, promises made in relation to specifications are likely to always be problematic (the best to hope for is a disclaimer – per W3C).
More information about Apple’s lawsuit (and some background) can be found in The Prior Art blog, which is a good resource.
So while its partner HTC may be the “perfect target” for a patent attack, this is clearly a proxy war with Google—a company that has made clear that it’s determined to push into the cell-phone market. That makes Apple’s gambit a truly risky one.
We recommend that our readers do not pay Apple any money from now on (and encourage others to do the same). There are alternatives to Apple in every area of computing and these alternatives are also much cheaper anyway. A former Novell/SUSE evangelist finds out where Macs just don’t work well (technically, as opposed to perception and visuals).
I have two MacBooks. One is from early 2007, the other from late 2009. Both have intermittent problems waking up from sleep often enough, and similarly enough, to indicate that the perfectionist culture rumored to drive Apple’s every move has its severe blind spots.
Vista 7 — like Vista where shots have just been fired — has its problems too. We wrote about this in the morning, quoting our reader Goblin who now adds: “Speak with a “average” user of Windows 7 after its been running for a few weeks. In my experience, there’s some unhappy people.” He also gives a couple of examples [1, 2] that say: “Since I upgraded my Acer Aspire 6930 from Vista to Windows 7 I have been having many issues…”
Another example says that “these are some of the problems faced by me on the operating system windows7″; is anybody surprised? We have warned about it since 2008 and large businesses refuse to consider this operating system, usually after extensive testing that they require and can afford to perform. █
Summary: Disagreement between the press and the hostile acquirer as to whether or not Novell would stay in tact
NOVELL is at a stage of uncertainty and state of denial because it’s likely to be acquired soon [1, 2, 3, 4, 5, 6, 7]. The Novell-faithful people watch with concern as their Novell skills/certifications are at stake and Novell’s BrainShare, which is just days away, has "uncertainty" written all over it. Attendants are likely to bring up questions about the company’s short-term plans. Novell’s PR team promotes the event [1, 2], whereas analysts at Ovum claim that “The end is nigh for Novell”:
After years of acquisition rumors, last week Novell received a buy-out offer from hedge fund Elliott Associates (EA). Whether the offer succeeds or not, Novell is likely to end up in pieces.
[...]
Novell’s parts are more valuable than its sum
Novell’s board is likely to reject the current offer before Novell’s annual conference, BrainShare, starts on 21 March. It can keep rejecting EA’s offers, but it cannot stop EA from going directly to Novell’s shareholders. Should EA be successful, it is likely to pocket Novell’s cash then split the company and sell its constituent parts.
This news report from Bloomberg (also published in BusinessWeek and later corrected slightly) claims that Novell will be torn apart by Singer and his minions, who are only interested in money and not in Novell’s staff, products, and customers.
Elliott Associates LP, the fund manager that made an unsolicited $2 billion offer for Novell Inc., may consider selling the NetWare networking-software unit if its bid succeeds, a person familiar with the matter said.
Elliott, which owns about 8.5 percent of Novell stock, would also try to run the company more efficiently and bring about $400 million in cash that Novell holds off shore to the U.S., said the person, who asked not to be identified because Novell hasn’t agreed to the bid. Elliott may also try to find a buyer for Novell’s business that specializes in an open-source operating system, the person said.
“Our intent is to own Novell,” New York-based Elliott said in an e-mailed statement. “We have absolutely no plans to sell any business units.”
As the week was ending, rumors were swirling that the hedge fund suitor of Novell, Elliott Associates, which last week offered $1bn net of cash to take over the perennially struggling software maker, was going to start selling off its target’s assets if it clinches a deal.
[...]
In response to the Bloomberg story, Elliott put out a statement two hours after the market closed denying the rumors. “The story that Bloomberg ran today was inaccurate. Elliott has made no statement with respect to its intent regarding Novell. Elliott wants to own the company. Elliott has no plans to sell any business units and to report anything else would be erroneous.”
I personally do not want to see SUSE to die. I ‘dabbled my feet’ with linux was SuSe 6.0. I actually bought the boxed version of that software (since installing, downloading, configuring, etc were a major pain in those days). Among all linux I tried that time (which was probably early 1990s), SUSE was always the winner in detecting any hardwares I throw into. All other distros just simply failed, usually, in detecting the ’soft modem.’ Remember that era? If not, soft modem is that annoying modem that can be used with Windows driver only. You would be lucky to run your beloved 1.44k band modem if someone did the hack for linux driver of it.
Taking a moment to look a few days back (before the Bloomberg report and the subsequent denial), Paul Rubens believes that sale of Novell’s assets is inevitable.
The enterprise Linux space has suddenly got very interesting following the news that a bunch of sharp-suited New Yorkers have made an offer to buy SUSE Linux’s parent company, Novell. Whether or not they succeed, there can be little doubt that it’s cheerio and night-night for Novell, a business that has been doomed since, let’s be brutally honest here, everyone stopped buying NetWare.
The offer, from hedge fund outfit Elliott Associates, was for $5.75 per share, valuing Novell at a shade under $2 billion. But bearing in mind that the company has vast cash piles in various currencies, worth about $950 million, and the offer values Novell’s businesses at around $1 billion greenbacks.
But there are fears that if Novell goes, that could be the first domino which damages the commercial outfits based on Linux.
The next target might be Red Hat. Some think that if Novell’s SUSE Linux business finds its way into Oracle’s or VMware’s or IBM’s paws, it will be hard for Red Hat to remain viable as a stand alone company.
This is only based on CNET, which they think is a reliable news site. When they say “there are fears” they only refer to Matt Asay, who used to work for Novell and thus compete strongly against Red Hat. This whole thing also feeds the shameless Microsoft booster Preston Gralla [1, 2]. His disinformation is self explanatory and public admiration of Microsoft very much expected. █
Summary: A dissection of unfounded suggestions that Red Hat will lose its independence because Novell is dying
IT is no secret that we distrust Matt Asay, who currently links to fluff from Microsoft's shill Eric Savitz. Based on this shill, he then assumes that Novell’s serious troubles as of late [1, 2, 3, 4, 5, 6, 7] are likely to spell doom for Red Hat as an independent company. But these are totally unrelated events; if anything, Novell dissipating would give more room for Red Hat to expand, not to be acquired. Asay is a very clever guy, so why does he spread such FUD about Red Hat? One possibility that crossed our minds is that such hasty/hopeful/awful predictions would work well for the company he helps manage now, namely Canonical. What’s with his recent headline that says (with a question mark, as usual), “When will Microsoft sue Google over Linux?” Such a headline is not helpful and it sometimes seems like he just wants traffic with headlines like these.
“Asay is a very clever guy, so why does he spread such FUD about Red Hat?”Our reader Brandon says that it sounds like Asay is “a conspiracy theorist now” (because of the speculative, provocative headlines). But anyway, the criticism in general ought to be tied to other things. Asay is also routinely citing lobbyists for software patents (maybe unknowingly) and sucking up to Gartner, which is corrupt and better off ignored. You needn’t play nice with crooks like Gartner, you should expose them instead.
We apologise for not being fans of Canonical’s current COO, but why lie or keep silent about it? In the forums we refer to him as “Mac Asay” because of his love for Apple, which is currently his competitor. Is this behaviour (from the news) the type of thing that GNU/Linux should be imitating?
Reader: Steve Jobs says no tethering between iPad and iPhone
Steve Jobs appears to have fired off a tersely worded email reply to a user in Sweden who asked whether the WiFi-only iPad could be tethered to the iPhone: “No.”
Apple retards its own products and does not listen to users, as usual.
Put together with Apple’s lawsuit against GNU/Linux [1, 2, 3, 4, 5], Apple should be abandoned, not taken as an example. Apple is a niche product for spree-happy people with more taste for GUIs, not technical merit that includes powerful file systems, centralised software management, and frequent updates. Bar marketing, Ubuntu beats Mac OS X in many areas. Making GNU/Linux “more like the Mac” (even with a new default theme that begs to suggest so) will give GNU/Linux the reputation of “cheap Windows/Mac” and that’s not a way to win the market’s respect. █
Summary: A little interlude about where the site is going and why it needs help from readers
There is some discussion in the IRC channel about what may happen to Novell next. We are still producing almost 1 megabyte of IRC discussion per day (usually about 600 kilobytes on average), which makes up about 95% of feedback from readers (Boycott Novell is approaching an audience of 10,000 unique visitors per day, but commenting requires an account).
We thought it would be reasonable to say something about the future now that Novell is at a mortal crossroad because of a vulture fund that had a coup planned for 3-4 months [1, 2, 3, 4, 5, 6, 7]. We append some more references at the bottom.
“If Novell was bought and dismantled, this Web site’s name would remain for all all sorts of practical/technical reasons and considerations.”Four GNU/Linux vendors (as opposed to users of it, mostly those who embed it in hardware) signed a Linux patent deal with Microsoft in 2006-2007. The GPLv3 may have stopped this flood of feeble vendors which ended up joining the racket. Linspire got picked up by Xandros, which appears to have almost quit the GNU/Linux market, Turbolinux sort of collapsed onto another firm in Asia, and Novell is now the last one standing. This is major as it means that almost all the companies we boycotted are dying, as opposed to those who kept it ‘clean’ (notably Mandriva, Canonical, and Red Hat). This just comes to show what happens to those who foolishly take Microsoft’s side.
The main issues are still the digital hydras known as Apple and Microsoft, both of which are now legally attacking GNU/Linux with software patents (Apple versus HTC [1, 2, 3, 4, 5], Microsoft versus TomTom, SCO versus IBM, et cetera).
If Novell was bought and dismantled, this Web site’s name would remain for all all sorts of practical/technical reasons and considerations.
We will try to focus on delivering news summaries on a daily basis (these are the most popular items here) and also address threats to Free software. With a Ph.D. completed, I hope to write Boycott Novell full time (sacrificing an academic career to advance the freedom of software), but it would not be possible without help from readers. We estimate that there are many thousands of regular readers who have enjoyed this site for over 3 years (almost 10,000 blog posts were published here), so if each reader was willing to donate a few bucks/quid, that would enable us to carry on going. At the same time, we realise that such moves rarely work as they do not bring in funds, so we are left reluctant to ask for financial assistance (even though it’s needed). Any advice would be appreciated. █
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[1] How Much Will Novell Go For? [The 451 Group reckons Novell's sale is inevitable]
As bargains go, Novell’s (NOVL) valuation in the recently floated bid from a hedge fund is a bit like a ‘crazy Eddie’ discount. Earlier this week, Elliott Associates offered $5.75 for each of the roughly 350,000 shares for Novell. Altogether, the equity value totals about $2bn.
Whether they’re interested in breaking Novell into pieces or simply after Novell’s patent portfolio or intellectual property remains to be seen at this point. Either way I don’t see the acquisition being good for Novell or Open Source though. Which brings the next question. Is another suitor likely to jump in at this point. the Var Guy lists IBM, Hewlett-Packard, Microsoft, Oracle, SAP and Computer Associates as potential options. I’d add Cisco as another potential Dark Horse candidate, but agree that IBM and HP are exceedingly unlikely. The realty is that Novell is going to be difficult to digest from a strategic standpoint. They have at least four divergent businesses and Linux only makes up about 20% of the company’s revenue. That means a private-equity firm taking the company private and restructuring may be the most viable option at this point.
Some vultures have feathers, but some have fancy offices and huge homes. Tonight, BBC investigative reporter Greg Palast follows the trail of one “vulture fund” chief, from a locked office door in New York to mud-brick houses in Africa.
How strange. When I arrive at the offices of Eric Hermann at hedge fund FH International, just outside New York City, the company’s corporate sign is unbolted from the wall and the suite number removed from the door.
But wait … I hear noises inside the office. Huh? I knock on the locked door and out steps the office building’s security manager.
Summary: More Mono news and changes in Novell’s staff
Several days ago we wrote about I-O Data joining Microsoft's Linux racket. There is a discussion about it in Slashdot and in relation to another issue, says this one person: “Microsoft has been using those patents to get the scared to ink patent deals. Nothing from a court to make a single patent claim from Microsoft valid, while somehow we are to believe that Microsoft is about playing nice with opensource ?; that it uses it patents against ?.”
“Novell had whitepapers bumped up a couple of days ago (reappearing in the news) in order to demote Red Hat, not Microsoft.”How can Novell and its sympathisers still pretend that Microsoft is safe to work with? Novell had whitepapers bumped up a couple of days ago (reappearing in the news) in order to demote Red Hat, not Microsoft [1, 2]. This has gone on for several weeks now.
Novell has also laid off many employees and often replaced them with people who are more familiar with Microsoft software (products like .NET). The following post is based on an article that we’ve mentioned here several times in recent weeks. Novell’s CEO admitted radically changing his workforce.
A quarter of Novell’s work force translates into a pretty large number of people scrambling to find work. (Even though there might not have been a net job loss, since Novel hired replacements.)
I am a C# programmer at work so I looked to see who was managing the Mono project, turns out Novell/OpenSuse are lying in bed with the Mono project. SO fast forward to today. Installed OpenSuse 11.2 on a server at work. This server is going to house Solr (running on Jetty) which will be used for product searches.
Is it Novell’s plan to capture and to spread C#? Is that its added value? "Peace of mind"? Microsoft is already playing hardball with software patents, so what is Novell thinking? It also helps Microsoft get its way with programmers (“API wars”). █
Summary: News about Novell’s GNU/Linux business, based on the past week alone
THE PAST week has been interesting because of the offer to buy Novell [1, 2, 3, 4, 5, 6]. For SUSE it has been a very quiet week, but someone marks this milestone of 10 years at Novell.
Working as a manager sometimes has not so nice days, but tomorrow it will be a really great day. Novell HR has asked me to celebrate a team members ten years anniversary with Novell. That means fun and a present since ten years is a long time, yes, quite a long time for IT industry.
It is possible that SUSE will be passed on to another company after more than 6 years at Novell. Ted, who used to symbolise this project in a way, has been blogging about iPhone and Apple stuff recently; the old days of SUSE (before the Microsoft deal) are sorely missed.
During the last openSUSE Conference we (Benji, Brent, Bryen, Francis, Michal, Petr, Stephen and me) had a brainstorming meeting about social aspects of our community. We were able to come up with lots of ideas and I want to thank all of you for your participation!
[...]
I created a Tog application, ported all anonymously visible pages to our Bento theme and finally deployed it on connect.opensuse.org address, so you can look at it. In the end we would like to replace the old users.opensuse.org application with Connect and make it a new central place for users.
One other member writes about OpenSUSE in Google Summer of Code 2010.
The wonderful Vincent has already sent the initial call for participation, so who’s up for it then?
OK I’ll take it that there are several hands raised in the audience (I reckon I’m being overly cautious, I’m sure there are loads of hands up but as I don’t have my glasses on I can only see the first two rows). So what do we need from our lovely community to help make GSoC 2010 a success?
If anyone has been following my tweets/dents, you will have noticed that I sporadically mention something about “Operation Factory” followed by a pile of tags. Well for the curious, Operation Factory is basically getting the latest and greatest Moblin into openSUSE.
Another new video about eX5 System X Servers is all about Novell.
HP will preinstall SLED on some more computers (as an option), but it’s a shame that there is no option of a distro that’s not Ballnux.
HP also announced four models in its middle of the road Probook series, which it says comes in “sophisticated” colours. Colour choice aside, the most interesting feature of these is that they can be pre-installed with SuSE Enterprise Linux.
All the models HP launched today feature Daystarter, a preboot screen that allows you to view things like your calendar and battery life while booting into Windows. However with SSDs and the option of Linux it isn’t the time taken to get past the splash screen that HP should look to reduce but rather the time taken to load all the pre-installed junk once you’ve made it into Windows.
The EliteBooks come with Microsoft’s Windows 7 Professional, Windows XP (tablet edition where appropriate), Windows Vista Business, or FreeDOS pre-installed. Windows 7 Home Premium and Vista Enterprise are supported, and Novell’s SUSE Linux Enterprise Desktop 10 is certified to run on the machines, but it’s not pre-installed. HP is also tossing on a trial version of its SkyRoom high-def video conferencing software onto the new EliteBooks.
“We have been offering multi-vendor support solutions to our customers,” says Dionne Morgan, worldwide solutions marketing manager for HP’s Technology Services group. “In addition to IBM and Dell servers, we also now support Sun servers and Sun Solaris 10 for HP ProLiant servers. And for HP Integrity servers we’re now supporting Novell, SUSE Linux and Microsoft Windows Server 2008.”
Red Hat is, oddly enough, missing. It’s Ballnux only (taxed by Microsoft) and Microsoft still wants Novell’s customers or at least their inexplicable “Linux tax”:
He reckoned customers will be wooed away from IBM and Novell towards Microsoft, once its on-line offerings are up are running.
Initially made available to only a select group of its customers early last month, SEP’s backup appliance, powered by SUSE Linux Enterprise from Novell, is now officially available. Carlos Montero-Luque, vice president of Business and Product Management at Novell said that “The SUSE Appliance Program enables SEP and other ISVs (Independent Software Vendors) to quickly configure and customise software and virtual appliances”.
In this episode: Version 2.6.33 of the Linux kernel is here and it includes a new 3D accelerated Nvidia graphics driver. Canonical’s online music store will only provide MP3 files, and Apple sues Android partner, HTC. We report back on our experiences with SUSE Studio and answer our critics in the Closed Ballot.
Summary: Microsoft has issues evolving, its brand is falling down the ranks, its attempts to mimic open source mostly fail (despite media blitz), and Red Hat copes with Microsoft’s attempt to swallow virtualisation
MICROSOFT’S exacerbating financial performance (see analysis of the latest results in [1, 2, 3, 4]) may explain its increased racketeering (last example from yesterday). With ever-decreasing margins, Microsoft must find an alternative business model. So far, Microsoft has failed to mimic Google’s model (Microsoft loses over $2,000,000,000 per year in this area), so it decided to use regulators and lawsuits by proxy to hurt Google. Microsoft did the same thing to GNU/Linux by funding SCO, for example.
Microsoft’s control of the mainstream media usually prevents access to simple facts that are not hard to show and to defend. When some single firm from the UK hailed the Microsoft brand last month, nobody dares to question the data, the methods, and the population questioned. In fact, that single source was quoted extensively outside the UK in order to sell the impression that the Microsoft brand has power.
“When some single firm from the UK hailed the Microsoft brand last month, nobody dares to question the data, the methods, and the population questioned.”CNN/Fortune has just released a list of “The Most Admired Companies in the World”. Apple and Google top the list and Microsoft is not even in it (it is not among the worst brands, either). In any case, it is clear that Microsoft dropped sharply and this agrees with 3-4 similar surveys from 2008. They have all shown that Microsoft’s reputation was declining rapidly.
“Windows breeds fear and ignorance,” said this one blogger a couple of days ago. “And I put the blame squarely on Windows,” he added after explaining an experience with an indoctrinated individual. A few days ago we also cited a post from Jeremy Allison — one where he speaks about his days in Sun Microsystems. Here is an example of a company that was once so gigantic and formidable. Where is it today? It is in Oracle, which some notable people whom we cannot name just yet are about to leave (we received private communication about it).
“Sun Fell Prey to Open-Washing,” says BNET in the headline that continues: “Who’s Next? Microsoft?”
Here is a key part of the argument:
Openwashing is similar to greenwashing, in which a company markets itself as environmentally friendly but is actually faking it. A high tech firm openwashes itself when it makes noises about open software but is really interested in preserving its proprietary offerings and hampering free open systems practices.
So basically, BNET explains that excessive desire for control over developers cost Sun its existence. This agrees with what Jeremy Allison wrote and Bradley Kuhn wrote about that too.
Meanwhile, I’m less optimistic than Jeremy on the future of Oracle. I have paid attention to Oracle’s contributions to btrfs in light of recent events. Amusingly, btfs exists in no small part because ZFS was never licensed correctly and never turned into a truly community-oriented project. While the two projects don’t have identical goals, they are similar enough that it seems unlikely btrfs would exist if Sun had endeavored to become a real FLOSS contributor and shepherd ZFS into Linux upstream using normal Linux community processes. It’s thus strange to think that Oracle controls ZFS, even while it continues to contribute to btrfs, in a normal, upstream way (i.e., collaborating under the terms of GPLv2 with community developers and employees of other companies such as Red Hat, HP, Intel, Novell, and Fujitsu).
The moral of this story is that control over what developers could and could not do is what drove many people away and made Sun history. Microsoft is facing similar problems right now and it tries to ‘embrace’ (in “EEE” sense) the Free/open source arena in order to recapture developers. It’s not quite working.
A reader sent us this pointer to a Microsoft project yesterday. “Pay Microsoft more money to secure insecure Microsoft software” is how our reader described it. He said that “it’s released under an ‘open-source license’, except it only runs on Windows, the monoculture.” To quote from the project’s page: “U-Prove is an innovative cryptographic technology that enables the issuance and presentation of cryptographically protected claims in a manner that provides multi-party security: issuing organizations, users, and relying parties can protect themselves not just against outsider attacks but also against attacks originating from each other…”
A Microsoft-seeded, open-source organizer picked a Headspring Systems project for its first non-Microsoft sponsored effort.
Yes, Microsoft is organising a bit of a press tour [1, 2] to promote the CodePlex Foundation [1, 2, 3, 4, 5, 6, 7], where Microsoft MVP Miguel de Icaza is on the board. Here is the ‘Microsoft press’ promoting a .NET obfuscator. That’s the type of stuff Microsoft calls “open source”. It’s all about Windows, .NET, Silver Lie, etc. And how typical it is for CIOL to be pimping (with links) Microsoft’s smears of Free software, under the confusing headline “Open source slowly gaining momentum in India”. Are they trying to pretend that Silver Lie is “open source” or just lump Microsoft in? Here is part of it:
Developers in India are not much aware about open source technologies and there aren’t much good development tools and support for them, says Joydip Kanjilal, ASP.NET professional at Microsoft, in conversation with CIOL.
In another new article, CIOL promotes a form of EDGI that goes under the *Spark banner [1, 2, 3, 4, 5]. CIOL is rewriting many press releases, as we pointed out before, but its shallow promotion of Microsoft requires some criticism too.
Another branch of the ‘Microsoft press’, namely the Microsoft Subnet at IDG, is doing some PR for Microsoft by saying that there is “much fanfare” over Red Hat support in Hyper-V (whose fanfare? Microsoft’s?).
With much fanfare, Microsoft first submitted said drivers to the Linux kernel way back in July (its first, and so far only, contribution to Linux, for obvious reason). Those drivers were already tested to work with Red Hat and, of course, SUSE. And in October, Red Hat and Microsoft announced that they were joining each other’s virtualization partnership programs, and validated that their products worked on each other’s virtual machines. So what took Microsoft so long to release these Red Hat drivers to the public?
People have other virtualisation options, they don’t need Microsoft’s proprietary one. Let’s not forget the GPL violation that’s associated with Microsoft’s offering [1, 2, 3].
Regarding the virtualisation arrangement Microsoft has with Red Hat, it is a subject that we summarised a year ago. Red Hat is now backing virtualisation research (yes, Free software conducts research too, contrary to myths).
Red Hat is funding a new research centre at Newcastle University that is looking into areas such as grid and cloud computing, virtualisation and middleware.
Among Red Hat’s competitors in this area there’s Microsoft, its ally Novell, and VMware, which is run by former Microsoft executives [1, 2, 3, 4]. Here is a new article on the subject:
Red Hat sees the virtualisation market developing into a three-way fight between itself, Microsoft and VMWare as the technology is increasingly taken up in the business space, Red Hat’s senior director of virtualisation, Navin Thadani, said today.
However, he said, the advantage would lie with the two operating system companies, adding that although Novell and Citrix had teamed up to contest the same space, they stood more of a chance in the desktop virtualisation arena.
“Microsoft is unique among proprietary software companies: they are the only ones who have actively tried to kill Open Source and Free Software. It’s not often someone wants to be your friend after trying to kill you for ten years, but such change is cause for suspicion.”
Summary: A look at some of the ways Novell promotes itself, including the more controversial means
Novell’s channel is a mess and repeated departures did not help; Novell just couldn’t retain someone in the key role (Channel Chief) and it’s probably worst in the UK [1, 2]. So John Dragoon, who is now listed as Channel Chief, has hired someone from Microsoft to help with Novell’s channel. This is just one among several Microsoft executives who entered Novell in recent years, which may explain the company’s misguided direction. Anyway, here is the news page confirming Dragoon’s role: (also here)
— John Dragoon, Senior Vice President, Chief Marketing Officer and Channel Chief, Novell
The VAR Guy is still sucking up to him, just as before. But it’s probably because both are focused on the channel/VARs.
What we found more curious though is that either Novell or sites like TechRepublic are once again bumping up anti-Red Hat “whitepapers” (latest examples are [1, 2]) and Novell has been paying IDC to have this item pushed up in ZDNet (collaborator of TechRepublic). Over at its PR blog, Novell wrote the following:
Paul Rubens over at ServerWatch wrote an interesting article on a recent Red Hat webinar designed to to discourage customers from migrating to 3rd party supported Red Hat distributions. Novell has just such a program with our SUSE Linux Enterprise Server Subscription with Expanded Support initiative.
According to Paul’s article, third-party branded support was described as “High risk” or “Pay and pray.”
“Novell is now literally spamming comments sections on articles and blog posts,” says Ryan, our reader. “Scroll down to “By Mona Chadha, Novell February 24 2010 3:49 PMPDT” … Novell’s PR splog is funny. They use it as a soapbox to harass customers that leave too.” Yes, we wrote about this in [1, 2, 3, 4]. It was about Los Angeles.
“Novell is now literally spamming comments sections on articles and blog posts.” –RyanIs it not pathetic that Novell is so blatantly slamming Red Hat and Google while keeping so polite towards its sugar daddy, Microsoft? OpenSUSE too has “boosters” (that’s what they call themselves) running out there and serving Novell’s agenda for nothing in return. From their latest update:
What are the boosters up to?
[...]
The last sprint was going from February 4th to February 16th. Even though it included all of us going to FOSDEM over the first weekend we were able to reach one milestone: Buildservice Project
For corporations like Compaq and Novell, good public exposure means big bucks. And with teens being one of the largest shopping demographics in the world, Novell and Compaq could stand to make millions of dollars.
Well, changing perception [1, 2] the way Novell does it is simply dishonest and it’s fake. More people deserve to know this. █
